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Just Been Served


maryv
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I was just served with a lawsuit from an attorney that is representing a CA on the credit card (Ethan Allen) that I had in 1997 or 1998. I had filed chapter 13 BK in 2001 but I had it dismissed in 2004. Question, I believe the SOL in Illinois is 5 years. Would my BK filing affect the SOL in this case? If not, then I could just go to court and say have the case dismissed becasue the SOL has passed.

I hope this makes sense. Recovering Attorney I hope you're there to help me...again. Thank you.

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I was just served with a lawsuit from an attorney that is representing a CA on the credit card (Ethan Allen) that I had in 1997 or 1998. I had filed chapter 13 BK in 2001 but I had it dismissed in 2004. Question, I believe the SOL in Illinois is 5 years. Would my BK filing affect the SOL in this case? If not, then I could just go to court and say have the case dismissed becasue the SOL has passed.

I hope this makes sense. Recovering Attorney I hope you're there to help me...again. Thank you.

what state are you in? I'm not sure about the bk, but from what I believe i've read, it would be included even if you didn't file it in court. unless you are in OH or Kentucky you are probably save for the SOL.

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what state are you in? Unless you are in OH or Kentucky you are probably save for the SOL.

I forgot to add IL in there with the LONG SOL. What kind of debt is it? The bad news is that CC debt can often be argued as "written contract" based on "written instruments" (you sign a slip saying you agree to the card holder statement for each purchase). On the other side, I think you may be saved by the BK, but I'm not sure on that. I'm sure with my bump and the work day winding down you'll get some more responses.

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